Received per email in May of 2010.
Greetings once again to all families, friends and those concerned,
I come before you to bestow some pertinent information in hopes of providing you with some insight as to why your loved ones are being segregated, locked down and/or in some cases living in fear. This presentation will cover what are known as Security Threat Groups and Disruptive Groups; and how these labels are being misused and abused by Ely State Prison officials.
HISTORY: In October 1999 the NDOC developed it’s first Security Threat Group (STG) Identification and Management Regulation, Information Bulletin #99-05(I.B. #9905). Thereafter I.B. #9905 was superceded by Administrative Regulation (AR 446) which became effective on November 10, 1999. AR 446 has been modified six times since then (May 8, 2002, January 20, 2003, May 5, 2004, June 7, 2004, and August 14, 2009). You can view AR 446 and OP 446 on the NDOC web site here.
What is AR 446?: The NDOC asserts that AR 446 is an Identification Regulation used to manage Security Threat Groups within the NDOC. In all actuality and from a legal standpoint the classification guidelines of the AR 446 are vague and over-broad. The NDOC, more specifically Ely State Prison, selectively applies the usage of this AR with underground regulations so as to keep ESP locked down and to retain specific groups/individuals from advancement. The most troubling part of it all is that this Gestapo tactic is being utilized to make inmates become prison informants. This has caused inmates to fabricate information about other inmates in order to advance in the level system in hopes of a transfer. This weapon (AR 446) allows prison officials to manipulate inmates so to keep the inmates at each other’s throats.
One cannot deny that “gangs” do exist, but the AR does not state that inmates are to be locked down or segregated. When you first arrive to the NDOC and ESP you have to live with someone…and you would prefer to live with an inmate with whom you have something in common, be it race/state/city/community/religion/ideological beliefs etc. Who you choose is who you will be classified with. Inmates are asked by prison officials: Where are you from? Who do you run with? Your answers are being used as a self-proclamation as a gang member.
What To Know: You are being labeled without due process. AR446 bases its gang identification process under Nevada Revised Statute (NRS) 193.168, which is the state’s gang enhancement statute. In order to be convicted and sentenced under this statute, you must be found guilty of committing a “felony for the sole purpose of benefitting the gang.” That is the law. They cannot validate you as a STG/DG unless you exhibit behavior and/or are committing acts inside the prison that support the gang you are accused of being a part of.
Inmates must understand how serious the STG label is. Within the past 5 years the STG label has significantly influenced the outcome of inmate parole hearings. Two points are added to your parole score with this label.
Your Rights: Because two points are being added to your parole score and you more than likely (at ESP) are being denied a job/or transfer, you will receive additional points. You do not have a right to a job or to be paroled. You do have the right to a fair parole hearing and as long as you are in compliance with ESP’s rules and regulations you are to be advanced, thus eligible for a job. Most inmates don’t learn of their STG status until parole. To be validated without receiving documentation or being given the opportunity to contest these allegations is a violation of your due process rights. To not receive a six month full classification review in accordance to OP 501 and to not be given a legitimate reason for your denial is a violation.
Your prison stay is being extended and it imposes an atypical and significant hardship on you in relation to the ordinary incidents of prison life. You can challenge the parole denial as well as the STG label.
How the NDOC and ESP are Violating Your Due Process Rights: Prison officials are labeling you as an STG without your knowledge. You are to receive NDOC form 1598 once you are suspected of being an STG. Then you are to receive an STG hearing. You cannot be an STG until after you have had a hearing. Prison officials are not providing inmates with the information being used against them. Common pieces of evidence being used include: nicknames, AKA yard names (I still am not aware how a nickname promotes felonies or disturbs a prison’s safety/security); tattoos (which are selectively applied); association; and inmates that say so. Prison officials will tell you the only way to have the STG label removed is to debrief.
Challenge the STG: Learn AR 446 and all of the NDOC’s AR’s and Op’s. Those on the outside must encourage your loved ones to learn their prisoner’s rights. Association does not mean you are committing felonies. The court already punished you for your crimes; therefore, as long as you are abiding by the OP’s and AR’s you should not be segregated or locked down.
Prison Officials are Forcing Inmates to Debrief: You have a right to a fair hearing and to challenge your STG, parole and disciplinary hearings. Guys are lying to receive privileges and this must stop. Do not succumb to the coercion of prison officials for they will bleed you dry. There is no AR or OP stating you are to be retained at ESP indefinitely nor that you can’t advance. Inmates must come together and enforce their rights.
Readers: Please encourage your loved ones to not become stagnant or complacent in their cells and to use all resources they have access to. They must open their own eyes and see that ESP officials are using the STG label as a tool to keep ESP operating as a de facto supermax. This tool has increased tension amongst inmates, caused more deaths, contributed to and increased mental illnesses, and has effectively destroyed family relationships. How does this serve the public’s safety? Do you think confinement in segregation will develop one’s communication skills with others? Guys will be released with no family support, thus feeling alone as if still in prison. More mentally ill inmates will be released to society dependent on medication and therapy…
The NDOC is NOT honoring its commitment to serve the public’s safety and this should cause you to worry about this state’s future. Inmates must not accept no as an answer! Use the law library, request what you are entitled to, utilize the grievance procedure and appeal process. Support our prisoners!
Remember: You are only defeated when you give up.
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